Buffalo Eastcantra Inc. v. Business Depot Ltd.
Court headnote
Buffalo Eastcantra Inc. v. Business Depot Ltd. Court (s) Database Federal Court Decisions Date 2001-10-24 Neutral citation 2001 FCT 1158 File numbers T-1724-00 Decision Content Date: 20011024 Docket: T-1724-00 Neutral citation: 2001 FCT 1158 BETWEEN: BUFFALO-EASTCANTRA INC. Plaintiff and THE BUSINESS DEPOT LTD. Defendant REASONS FOR ORDER AND ORDER RICHARD MORNEAU, ESQ., PROTHONOTARY [1] This is a motion by the Plaintiff under Rule 221(1)(a) for an order striking out paragraph 15 of the Defendant Statement of Defence and Counterclaim (hereinafter paragraph 15). [2] As it appeared during the hearing of a similar motion in file T-1875-00 (see Order of same day in said file), the particulars provided on May 30, 2001 by the Plaintiff therein should be made part and parcel of paragraph 15. Therefore, for the reasons developed in file T-1875-00 with respect to paragraph 3 therein, I shall not order here the strike out of paragraph 15. However, the Defendant here shall have ten (10) days from the date of this Order to serve on the Plaintiff the particulars referred to hereinbefore. [3] As the Defendant cannot be considered a clear winner under this motion, no costs are allowed. [4] The Plaintiff shall have fifteen (15) days from the date of this Order to serve and file its Reply and Defence to Counterclaim. Richard Morneau Prothonotary Montreal, Quebec October 24, 2001 FEDERAL COURT OF CANADA TRIAL DIVISION Date: 20011024 Docket: T-1724-00 BETWEEN: BUFFALO-EASTCANTRA INC. Plaintiff …
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Buffalo Eastcantra Inc. v. Business Depot Ltd. Court (s) Database Federal Court Decisions Date 2001-10-24 Neutral citation 2001 FCT 1158 File numbers T-1724-00 Decision Content Date: 20011024 Docket: T-1724-00 Neutral citation: 2001 FCT 1158 BETWEEN: BUFFALO-EASTCANTRA INC. Plaintiff and THE BUSINESS DEPOT LTD. Defendant REASONS FOR ORDER AND ORDER RICHARD MORNEAU, ESQ., PROTHONOTARY [1] This is a motion by the Plaintiff under Rule 221(1)(a) for an order striking out paragraph 15 of the Defendant Statement of Defence and Counterclaim (hereinafter paragraph 15). [2] As it appeared during the hearing of a similar motion in file T-1875-00 (see Order of same day in said file), the particulars provided on May 30, 2001 by the Plaintiff therein should be made part and parcel of paragraph 15. Therefore, for the reasons developed in file T-1875-00 with respect to paragraph 3 therein, I shall not order here the strike out of paragraph 15. However, the Defendant here shall have ten (10) days from the date of this Order to serve on the Plaintiff the particulars referred to hereinbefore. [3] As the Defendant cannot be considered a clear winner under this motion, no costs are allowed. [4] The Plaintiff shall have fifteen (15) days from the date of this Order to serve and file its Reply and Defence to Counterclaim. Richard Morneau Prothonotary Montreal, Quebec October 24, 2001 FEDERAL COURT OF CANADA TRIAL DIVISION Date: 20011024 Docket: T-1724-00 BETWEEN: BUFFALO-EASTCANTRA INC. Plaintiff and THE BUSINESS DEPOT LTD. Defendant REASONS FOR ORDER AND ORDER FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: T-1724-00 STYLE OF CAUSE: BUFFALO-EASTCANTRA INC. Plaintiff and THE BUSINESS DEPOT LTD. Defendant PLACE OF HEARING: Montreal, Quebec DATE OF HEARING: October 23, 2001 REASONS FOR ORDER AND ORDEROF: RICHARD MORNEAU, ESQ., PROTHONOTARY DATED: October 24, 2001 APPEARANCES: Mr. Christian Bolduc FOR THE PLAINTIFF Mr. Bruce W. Stratton FOR THE DEFENDANT SOLICITORS OF RECORD: Smart and Biggar Montreal, Quebec FOR THE PLAINTIFF Dimock Stratton Clarizio Toronto, Ontario FOR THE DEFENDANT
Source: decisions.fct-cf.gc.ca